Section 19 of the Protection of Women from Domestic Violence Act, 2005 – Residence Orders
Section 19 of the Protection of Women from Domestic Violence Act, 2005 provides legal protection to women against being dispossessed or excluded from their shared household. It authorizes the Magistrate to issue residence orders ensuring the woman’s right to reside in a safe and secure environment, even if she does not own the property.
Objective of Residence Orders
The main objective of this provision is to:
- Safeguard a woman’s right to residence,
- Prevent unlawful eviction or exclusion,
- Provide stability and protection in the domestic sphere,
- Ensure the woman’s security after facing violence or threats.
Powers of the Magistrate
Under Section 19, the Magistrate may pass various types of residence orders:
- Protection from dispossession: Restraining the respondent from dispossessing or disturbing the possession of the aggrieved woman.
- Eviction of the respondent: Directing the respondent to remove himself from the shared household, especially in cases involving physical violence.
- Entry restrictions: Prohibiting the respondent or his relatives from entering any portion of the household where the woman resides.
- Property protection: Restricting the alienation or disposal of the shared household.
- Alternative accommodation: Ordering the respondent to provide suitable alternative accommodation or pay rent.
Scope and Applicability
- This section applies regardless of ownership or legal title.
- It covers women in marriage, live-in relationships, or any domestic arrangement recognized under the Act.
- The term “shared household” includes any property where the woman has lived with the respondent in a domestic relationship.
Enforcement and Penalties
Violation of residence orders is punishable under Section 31. The police may take immediate steps for enforcement, ensuring the woman’s continued residence and safety.
Conclusion
Section 19 plays a crucial role in protecting a woman’s right to shelter. It ensures that no woman is forced to leave her home due to domestic abuse, reinforcing her right to reside with dignity and security.